District Court
New South Wales
Medium Neutral Citation: R v Campbell [2021] NSWDC 43 Hearing dates: 27 January 2021 Date of orders: 27 January 2021 Decision date: 27 January 2021 Jurisdiction: Criminal Before: Judge W Hunt Decision: The offender is convicted
Taking into account matters on Forms , the offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months
There is to be a non-parole period 4 years
Note all s.166 matters contained in Forms 1.
Catchwords: CRIMINAL LAW – Sentence – Armed robbery – Assault with intent to commit serious indictable offence – In company – On Conditional liberty at time of offending – Carry in conveyance without consent of owner – Admissions – Forms 1 – Vulnerable victims – Offender had dysfunctional upbringing.
Legislation Cited: Crimes Act,
Crimes (Sentencing Procedure) Act.
Cases Cited: Bugmy v The Queen [2013] HCA 37; (2013)249 CLR571
Callahan v The Queen [2006] NSWCCA 58
Muldrock v The Queen, [2011] 244 CLR 120 53
R v Ellis (1986) 6 NSWLR 603
R v Henry (1999) 46 NSWLR 346; (1999) 106 AcrimR 149
R v Jinnette [2012] NSWCCA 217
R v Millwood [2012] NSWCCA 2,
Veen v R (No 2) 1988 164 CLR 465
Category: Sentence Parties: The Crown
Kenneth James CampbellRepresentation: Counsel:
Solicitors:
R El-Choufani – Offender
Director of Public Prosecutions
File Number(s): 2020/7701; 2020/15757; 2020/15775
Judgment
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HIS HONOUR: Kenneth James Campbell is before the Court for sentence in relation to six substantive offences. In relation to Count 1 on the indictment ending in 847.42, I will take into account two further offences on a Form 1. In relation to Count 2 on indictment ending in 848.52, I will take into account an additional three offences on another Form 1 when sentencing him for that matter. In relation to the first two counts on that first indictment, they are each offences of armed robbery in breach of s 97(1) of the Crimes Act, for which is provided a maximum penalty of 20 years’ imprisonment and no standard non-parole period has application. Count 3 is an assault with intent to rob in breach of s 97(1) of the Crimes Act with similar penalties. The first Count on the second indictment is an armed robbery, again in breach of s 97(1) of the Crimes Act with a maximum penalty of 20 years’ imprisonment and no standard non-parole period. Counts 2 and 3 on the second indictment are each offences of aggravated break and enter with intent to commit a serious indictable offence in breach of s 112(2) of the Crimes Act, in relation to each of which is provided a 20-year maximum penalty of imprisonment and a standard non-parole period of five years has application.
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It is common ground between the parties that Mr Campbell pleaded guilty to the matters in the Local Court and he has adhered to his pleas of guilty before me today. He also acknowledged his guilt in relation to each…
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- AGLC
- R v Campbell [2021] NSWDC 43
- Case
- [2021] NSWDC 43
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence for Campbell, taking into account the seriousness of the crimes, the offender's background, and the mitigating factors presented. The court had to balance the need for punishment and deterrence with the possibility of rehabilitation, particularly given Campbell's disadvantaged upbringing. Additionally, the court considered the impact of the crimes on the victims and the need to provide a just outcome for all parties involved.
In reaching its decision, the court carefully weighed the aggravating and mitigating factors. The severity of the crimes, particularly the armed nature and the presence of multiple offenders, were significant aggravating factors. However, the court also recognised Campbell's dysfunctional upbringing and his admissions as mitigating factors. Ultimately, the court determined that an aggregate term of imprisonment of 5 years and 6 months, with a non-parole period of 4 years, was appropriate. The court considered all matters contained in Forms 1, ensuring a comprehensive assessment of the case.
Orders
Orders of the court
The offender is convicted
Taking into account matters on Forms , the offender is sentenced to an aggregate term of imprisonment of 5 years and 6 months
There is to be a non-parole period 4 years
Note all s.166 matters contained in Forms 1.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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